Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-12-31


Trustees be regarded as charges presented
to the Board. that copy thereof be fur
nished TO the Librarian, that when the
Board adjourn it do so to meet at some
time and place to be agreed upon by the
Board, for the purpose of investigating the
charges, and that the Governor and Lii
brarian be notified of the holding of such
meeting.
The motion was seconded and in support
of it Mr.. Booth said that the meeting had
been simply called to transact the routine
business of the Board, but it was known
that these charges would be presented, ard
he believed that in justice to all parties
there should be an early investigation.
G. w. Cross, representing the Librarian,
suggested that document containing the
charges be placed on file, as it was unjust
to the Librarian that the charges should be
retained in the pockets of the individual
Trustees.
Mr.. Booth said that his motion was to
receive them as they had been received by
the members of the Board, and that meant
that they should be filed They would
then become part of the records.
Mr.. Belcher said that he attended the
meeting expecting, as Mr.. Booth did that
the routine work of the Board would be
performed, and that this would be simply
an ordinary meeting. AS charges have
been presented he favored an early meeting
for their consideration.
Mr.. Shields said that was his idea, but he
suggested that action might be taken with a
view to making the charges more specific
as to time, place and circumstances, SO that
at the adjourned meeting no time would
be lost in the adjustment of preliminaries,
but the investigation could be proceeded
with without any unnecessary delay
Mr.. Belcher did not believe that the
Board had any power to require ANYTHING
more than what was before it. The inyes1
tiga.ion would simply go to what was pre-
scented.
Mr.. Booth said that the charges had been
presented, and if Mr.. Wallis saw fit to
attack them because of their indefinite
ness that was another matter, but this was
purely monthly meeting of the Board
and nothing else.
Add. G. Hinkson, representing the Lii
brarian, said that neither Mr.. Wallis nor
his counsel had seen the charges that had
been sent to the members of the Board.
They had seen simply what had been pub
lished in the newspapers. They had, how
ever, prepared demurrer to those charges
and offered to submit il for the consider
alton of the Board.
Mr.. FIR ela1 said that the only question
before the Board was the motion of Mr.
Booth.
Mr.. Booth said that it seemed to him if
there was anything in the nature of "a de-
murrer, it would be well to consider it, so
that time could be saved.
w. III. Jordan, on behalf of Governor
Waterman, said that he appeared with Mr..
Rodgers, as the Governor had been served
with letter from the President of the
Board stating that meeting would be
held at this time for the purpose of con-
sidering the charges. 1t appearing that
this was meeting simply for the trans
action of routine business, he did not sup
pose that a demurrer or other action
would be taken in this matter. If
the Board is not to take I'D the
investigation of the charges to-day, then let
future date be fixed. when they will be
taken up, and then the necessary pleadings
can be interposed.
Mr.. Hinkson said that Mr. Wallis desired
to interpose his demurre to the alleged
charges at this time, and he thought that
the demurrer should be received and con-
sidered now. If the demurrer was well
taken, the charges could be amended and
the necessity of another postponement
would be avoided. Wallis will waive the
service of any charges on him, for the pur-
pose of this investigation.
]. S. Wallis, representing the Librarian.
contended that they had perfect right to
file demurrer. In that the Librarian had
seen fit to waive the service of the charges
upon him, he was in position to demur.
Mr.. Weinstock said that both parties
seemed anxious for a speedy investigation.
He favored the motion of Mr.. Booth, pro-
vided another motion could be adopted
that the Board Immediately reassemble for
the purpose of proceeding with the inves-
tigation.
Mr.. Booth said that his idea was to adj
iourn for about a week-say after the 1st-
and to then investigate the charges.
Mr.. Weinstock inquired of the attorneys
for the prosecution if they were ready 10
present the charges.
Mr.. Jordan replied that they were some
what in the dark when they came here, az
they did not know what action would be
taken by the Board. 1t had been said, he
had understood, by one or more of the
Trustee, that no action would be taken.
They were not prepared to enter into the
investigation, as their witnesses had not
been summoned. They were without wit.
nesses because they had had no means of
procuring process to secure their attend
ance. They would be ready to proceed at
any time when the Board could again
meet for the purpose, but were not pre-
pared to proceed to-day. He did not be-
lieve that either party was prepared.
Mr.. Belcher inquired how much time
would be needed for the prosecution to pre-
pare.
Mr.. Jordan said that it was well known
that the Governor had requested the Con-
troller to investigate the financial affairs of
the Librarian, and that that investigation
was now being prosecuted. The Governor
had reason to believe that the investigation
would be concluded by this time, but from
the thorough manner in which it is being
it would require some six weeks
TO conclude it.
Mr.. Belcher expressed himself as OPP
posed to so long delay.
Mr.. Rodgers, representing the prosecu-
lion, stated that the Governor had presented
this complaint to this Board as the proper
for the investigation, it being the
hodv which mad elected the Librarian, and
the only one that had the power to remove
him from office The matter had been pre-
sented here with the hope that justice
might be done. The Governor does not
appear here as public prosecutor, or in a
private capacity He deems it his duty,
under his oath, to see that the laws are
faithfully executed aud that officers prop
erlv perform their public duties. In pre-
senting these matters 10 this Board he SIM
Div asks fair, full and just investigation.
While the charges are in detail the proof
will be definite, and he believes that
they will be fully established. We are now
mel by an offered demurrer, OF which we
have had no intimation. A demurrer IS q
pleading in matter Of this kind
If it is the desire of the Librarian to have
q full and fair investigation, why not per-
nit the Controller TO complete his research
lxxr tho ayuerfg of tho
hooks will tcke time, and the experts have
assured the Governor that thorough ex-
animation cannot be made in limited
time.
Mr.. Cross opposed the filing of the charges
aud any delay in the hearing. He claimed
that tue Governor, in the matter OF prefer
ring charges of this nature, stood IN the
same position as any other citizen. If The
charges should be fled by the Board, having
been already published by the press. and
their hearing delayed, they would be stlg-
nj 10 ha r1,Au